Daily Digest 8/14/2018 (How Fast is Broadband?)

Benton Foundation
Table of Contents

Digital Divide/Broadband

The Current Definition of ‘Broadband’ Is Too Slow and Ajit Pai Refuses to Change it  |  Read below  |  Karl Bode  |  Vice
TracFone's Lifeline Petition  |  Read below  |  Cristiano Lima  |  Politico
FCC Seeks Comment on Petition of Tracfone Wireless  |  Federal Communications Commission
Comcast Says Its Internet Essentials Has Now Helped 6 Million Low-Income Americans  |  Read below  |  John Eggerton  |  Multichannel News, telecompetitor
David Lazarus: Cable's answer to cool new streaming services? Soaring internet prices  |  Los Angeles Times

Wireless

Chairman Pai Response Regarding Wireless Infrastructure Regulations  |  Read below  |  FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission

Ownership

FCC Input Could Aid DOJ Appeal of AT&T/Time Warner Court Call  |  Read below  |  John Eggerton  |  Broadcasting&Cable
To uphold its integrity, the Trump FCC must proceed with Sinclair hearing  |  Read below  |  Tom Wheeler  |  Analysis  |  Brookings
Chairman Pai Response to Sen Durbin (D-IL) Regarding Proposed Sinclair Tribune Transaction  |  Federal Communications Commission

Privacy/Security

California Lawmakers Urged To Reject Attempts To Weaken Privacy Law  |  Read below  |  Wendy Davis  |  MediaPost
Google tracks your movements, like it or not  |  Read below  |  Ryan Nakashima  |  Associated Press
Hackers Found A (Not-So-Easy) Way to Make the Amazon Echo a Spy Bug  |  Wired
It's Official: ZTE, Huawei Are Excluded From Government Contracts  |  Read below  |  John Eggerton  |  Broadcasting&Cable
Fax machines may be vulnerable to hackers, new report finds  |  Washington Post
US House candidates vulnerable to hacks, according to researchers  |  Reuters
The Census Bureau Is Keeping Your Data Safe  |  Department of Commerce
An 11-year-old hacked a replica of Florida's voting system in 10 minutes  |  Vox

Government & Communications

How tech fuels authoritarians  |  Read below  |  Mike Allen  |  Axios
President Trump hits the media in speech to troops  |  Read below  |  Jordan Fabian  |  Hill, The
UN human rights chief: President Trump's attacks on press 'close to incitement of violence'  |  Read below  |  Julian Borger  |  Guardian, The
Video: how President Trump works hand-in-hand with the pro-Trump media to discredit Mueller probe  |  CNN
The insane Trump news cycle of 2018 in one chart  |  Axios
All the Trump 2018 stuff we couldn't fit in our news cycle chart  |  Axios
GAO tweets one fact a day  |  Washington Post

Platforms/Content

Would Sen. Warner’s Ambitious Plan to Regulate Social Media Giants “Ruin” the Internet—Or Save it?  |  Read below  |  Asher Schechter  |  ProMarket
Facebook’s message to media: “We are not interested in talking to you about your traffic"  |  Nieman Lab
Facebook exec: media firms that don't work with us will end up 'in hospice'  |  Guardian, The
The Flourishing Business of Fake YouTube Views  |  New York Times
Fighting Conspiracies, Sandy Hook Parent Is Thwarted by Online Policies  |  New York Times
Online activists hit hatemongers like Alex Jones where it hurts the most — in the wallet  |  Washington Post
Impact Of Facebook's False Posts Is Difficult To Measure  |  National Public Radio

Policymakers

From Ailes to Trump: Meet Bill Shine, Trump’s new image man  |  Associated Press
‘Working for one guy’: Bill Shine’s journey from Ailes enforcer to Trump producer  |  Washington Post

Health

Chairman Pai Response to Sens Wyden (D-OR), Merkley (D-OR) Regarding Rural Health Care Program  |  Federal Communications Commission
Chairman Pai Response to Sen Wicker (R-MS) Regarding Wireless Medical Telemetry Services  |  Federal Communications Commission
Tech companies earn White House praise for committing to easier health data access  |  Hill, The
France Takes On Cellphone Addiction With a Ban in Schools  |  Wall Street Journal
Today's Top Stories

Digital Divide

The Current Definition of ‘Broadband’ Is Too Slow and Ajit Pai Refuses to Change it

Karl Bode  |  Vice

With the Federal Communications Commission preparing its latest report of the state of broadband in the States, the focus has shifted once again to whether the current definition of broadband is currently fast enough. Especially on the upstream side of the aisle, where 3 Mbps is starting to look notably last-generation in the face of symmetrical, gigabit connections. And once again, FCC Chairman Ajit Pai is hoping to keep the broadband definition bar set at ankle height.

In a recent Notice of Inquiry, Pai’s FCC proposed keeping the current 25/3 definition intact.  Again, adequately defining broadband is important because it determines whether the nation’s broadband providers are deploying "advanced telecommunications capability” to American consumers. Given the rise in 4K streaming, cloud storage, and next-gen services, it’s easy to see how the 3 Mbps upstream definition is starting to look a bit antiquated.  

TracFone's Lifeline Petition

Cristiano Lima  |  Politico

TracFone Wireless, a reseller active in the Federal Communications Commission's Lifeline program, filed an emergency petition with the FCC on August 10 raising concerns about the government’s new national verifier tool, meant to help ensure subscribers are who they say they are and avoid the waste, fraud and abuse that has plagued the program in the past. The Obama-era reform finally began rolling out on a preliminary basis in some states this summer. But the government “is launching the Verifier before obtaining access to key databases necessary to automatically verify subscriber eligibility based on participation in qualifying federal programs, particularly Medicaid,” TracFone warned, urging a freeze of the rollout until concerns are addressed.

Comcast Says Its Internet Essentials Has Now Helped 6 Million Low-Income Americans

John Eggerton  |  Multichannel News, telecompetitor

Comcast has announced that its subsidized Internet program Internet Essentials has now been provided to six million low-income Americans, and that it will expand the program to nearly one million low-income military veterans. Comcast said it has connected two million users to Internet Essentials just in the last year—its largest annual increase to date.

Wireless

Chairman Pai Response Regarding Wireless Infrastructure Regulations

FCC Chairman Ajit Pai  |  Press Release  |  Federal Communications Commission

On March 21, 2018, Sens Tom Udall (D-NM), Tina Smith (D-NM), and Maria Cantwell (D-WA), and Rep Ben Ray Luján (D-NM), sent a letter to the Federal Communications Commission expressing concern over the FCC's report and order"wireless infrastructure streamlining" and asked the FCC to delay finalizing the rule, "until a truly meaningful consultation with Indian Tribes occurs." On Aug 3, Chairman Pai responded, saying that in developing the new rules, the Commission engaged extensively with tribal nations, inter-tribal organizations, and state and local historic preservation officers.

Ownership

FCC Input Could Aid DOJ Appeal of AT&T/Time Warner Court Call

John Eggerton  |  Broadcasting&Cable

The Federal Communications Commission has filed a document with the US Court of Appeals for the District of Columbia that could help the Trump Administration's challenge of a DC district judge's decision to allow the merger of AT&T/Time Warner, which closed back in June.  That includes the current, Republican-led FCC emphasizing the previous Democratic-led FCC's conclusion that the Comcast/NBCU transaction would increase bargaining leverage and raise prices of programming to rival distributors—hence the conditions applied on that deal.

US District Court Judge Richard Leon ruled June 12 that the government had failed to prove its case that the merger would not be in the public interest. While the FCC's legal team, led by general counsel Tom Johnson, said it was not filing in support of any side, instead simply clarifying the lower court's apparent misconstrual of the commission's adjudicatory proceedings, its friend of the court (amicus) brief would be friendlier to the Trump side since it could buttress the Administration's appeal of that district judge's decision. The FCC told the appeals court it wanted to clarify that the judge should have given weight to comments AT&T and DirecTV had filed in previous mergers, including the Comcast/NBCU merger, arguing that, in those vertical mergers—like AT&T-Time Warner—the result could be higher fees. The district court held those documents to be of limited value because AT&T and Time Warner had reason to argue against allowing a competitor to get bigger, and thus argue for the increased bargaining leverage theory those companies said did not apply to their merger.

To uphold its integrity, the Trump FCC must proceed with Sinclair hearing

Tom Wheeler  |  Analysis  |  Brookings

Sinclair Broadcasting has a right to establish that that they did not engage in “misrepresentations and/or lack of candor”—an assertion by the Federal Communications Commission—in matters related to its $3.9 billion acquisition of Tribune Media. The FCC has designated the matter for an administrative hearing before an administrative law judge. That hearing must go forward. The character of the licensee is an important component in determining whether the party is a fit trustee for the public’s airwaves. Whether there were misrepresentations to the agency is an important indicator of fitness to hold a broadcast license—and Sinclair holds 173 such permits. The importance of the FCC following through on the administrative hearing was made even more important by President Trump’s tweet after the Commission’s action. When the President of the United States describes the Commission’s decision in such pejorative and judgmental terms, the agency has a responsibility to uphold the honor and integrity of its processes and not to allow a shadow to hang over its proceedings. Here’s what to watch for, however: a backroom consent decree deal.

[Tom Wheeler served as the 31st Chairman of the FCC from 2013-2017]

Privacy/Security

California Lawmakers Urged To Reject Attempts To Weaken Privacy Law

Wendy Davis  |  MediaPost

California should reject requests by industry groups to water down the state's new privacy law, a coalition of 20 advocacy groups said in a new letter to lawmakers. "The sky is not falling, as industry suggests," said the ACLU of California, Berkeley Media Studies Group, Center for Digital Democracy, Consumer Action, Electronic Frontier Foundation, Public Knowledge and other advocacy groups. "The law and its particulars do not pose a threat to the California economy," they write. "California has a long tradition of leading the nation on privacy laws as well as having a thriving economy." The California measure, passed in late June and slated to take effect in January 2020, allows consumers to learn what personal information about them is held by businesses, and to opt out of the sale of that information. Even though the new law has already been signed, it's still subject to revision through a "technical corrections" process. In theory, that process is supposed to correct non-substantive mistakes.

Google tracks your movements, like it or not

Ryan Nakashima  |  Associated Press

Google wants to know where you go so badly that it records your movements even when you explicitly tell it not to. Many Google services on Android devices and iPhones store your location data even if you’ve used a privacy setting that says it will prevent Google from doing so. For the most part, Google is upfront about asking permission to use your location information. An app like Google Maps will remind you to allow access to location if you use it for navigating. If you agree to let it record your location over time, Google Maps will display that history for you in a “timeline” that maps out your daily movements. However, some Google apps automatically store time-stamped location data without asking. For example, Google stores a snapshot of where you are when you merely open its Maps app. Automatic daily weather updates on Android phones pinpoint roughly where you are. And some searches that have nothing to do with location, like “chocolate chip cookies,” or “kids science kits,” pinpoint your precise latitude and longitude — accurate to the square foot — and save it to your Google account.

It's Official: ZTE, Huawei Are Excluded From Government Contracts

John Eggerton  |  Broadcasting&Cable

President Donald Trump has made it official: Government contractors can't buy equipment from Chinese telecoms ZTE or Huawei as part of those contracts, and must submit a plan for phasing out the use of that equipment from its systems. That came with President Trump's signature of the John S. McCain National Defense Authorization Act and after the companies were called out by top US intelligence officials as tied to the Chinese government and thus a national security threat. The technology includes everything from phones, tablets and smartwatches to mobile hot spots, broadband routers, switchers and servers. The Senate-passed version of the bill would have reinstated the ban on US tech exports to ZTE as well, but that language was stripped from the final, conferenced, version of the bill. The language preventing government contractors from the tech remained, however.

Government & Communications

How tech fuels authoritarians

Mike Allen  |  Axios

We always assumed technology and the naked transparency of social media would feed people’s taste for freedom and thirst for democracy. Right now, that assumption looks flawed -- technology might actually solidify the standing of despots and provide them with a new way to exert their power. Ian Bremmer — political scientist, president and founder of Eurasia Group, and author of "Us vs. Them: The Failure of Globalism" — recently unpacked this issue in a letter to clients. If "the world's most powerful authoritarian states can effectively marshal technologies that give them control over their people...that's a much more geopolitically significant trade to keep favored despots in power than arms sales or even colonialism," he said. Bremmer says changing technology makes him think differently about political stability in China Advances "in facial recognition technology and big data possessed by [Chinese] authorities has dramatically reduced public demonstrations." When everyone is registered in a public database and the Chinese government "can immediately determine who is an enemy of the people, you get fewer self-proclaimed enemies pretty quickly."

President Trump hits the media in speech to troops

Jordan Fabian  |  Hill, The

President Donald Trump criticized the news media during a speech to members of the military.  The president, speaking at upstate New York's Fort Drum, claimed 4 million new jobs have been created since his election in November 2016, a number he said, "the media in the back never said would be possible." After President Trump's comment was met with cheers and applause from soldiers in the room, he launched into an aside about the media.  "I'm so proud of myself. I didn't call them the 'fake news media,' " President Trump continued. "I said to myself, 'I will not today, in front of our great armed forces, call them 'fake news.' We know the real truth but we won't say it today." 

UN human rights chief: President Trump's attacks on press 'close to incitement of violence'

Julian Borger  |  Guardian, The

President Donald Trump’s anti-press rhetoric is “very close to incitement to violence” that would lead to journalists censoring themselves or being attacked, the outgoing United Nations human rights commissioner has said. Zeid Ra’ad al-Hussein, a Jordanian prince and diplomat, is stepping down in August as UN high commissioner for human rights after deciding not to stand for a second four-year term, in the face of a waning commitment among world powers to fighting abuses. Zeid said the Trump administration’s lack of concern about human rights marked a distinct break with previous administrations, and that President Trump’s own rhetoric aimed at minorities and at the press was redolent of two of the worst eras of the 20th century, the run-up to the two world wars. Zeid singled out the US president’s repeated designation of the press as “the enemy of the people”. “We began to see a campaign against the media … that could have potentially, and still can, set in motion a chain of events which could quite easily lead to harm being inflicted on journalists just going about their work and potentially some self-censorship,” Zeid said. “And in that context, it’s getting very close to incitement to violence.”

Platforms/Content

Would Sen. Warner’s Ambitious Plan to Regulate Social Media Giants “Ruin” the Internet—Or Save it?

Asher Schechter  |  ProMarket

Sen. Mark Warner’s proposals to regulate social media platforms are by far the most ambitious to come from Congress.  Here, three experts discuss the pros and cons: 1) Beton Senior Fellow and Public Advocate Gigi Sohn. She is also a Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy. 2) Daniel Crane, an antitrust law expert and the Frederick Paul Furth Sr. Professor of Law at the University of Michigan. 3) Hal Singer, an antitrust economist and senior fellow of the George Washington Institute of Public Policy.

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Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.


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